11-16-2013, 01:38 PM
The way I went to "law school", which is by watching television shows like Law and Order, "felony murder"
That's why TV is considered entertainment far more often than it's considered education. Given considerable creative license is one reason why Harvard won't except two or three seasons of L&O for credit.
More to the point, felony maiming wouldn't be a crime, nor be made one. The crime would be the act that resulted in maiming someone. The "felony" part is not part of the criminal charge for murder, it's merely the doctrine that allows for the charging of murder for participants under the circumstances you described. I was commenting on the "include such a charge" part.
In CA that are crimes which include felony or misdemeanor in the charging and are called warblers, because the prosecutor can charge either class depending on the circumstances of the crime.
Most importantly, even if a "felony maiming" law as you describe could be enacted, it wouldn't have made any difference in this case, as the DA or ADA didn't charge anybody. Just a WAG here, but if there was any way he could have, I think he would have.
That's why TV is considered entertainment far more often than it's considered education. Given considerable creative license is one reason why Harvard won't except two or three seasons of L&O for credit.
More to the point, felony maiming wouldn't be a crime, nor be made one. The crime would be the act that resulted in maiming someone. The "felony" part is not part of the criminal charge for murder, it's merely the doctrine that allows for the charging of murder for participants under the circumstances you described. I was commenting on the "include such a charge" part.
In CA that are crimes which include felony or misdemeanor in the charging and are called warblers, because the prosecutor can charge either class depending on the circumstances of the crime.
Most importantly, even if a "felony maiming" law as you describe could be enacted, it wouldn't have made any difference in this case, as the DA or ADA didn't charge anybody. Just a WAG here, but if there was any way he could have, I think he would have.